BILL NUMBER: AB 1544	CHAPTERED  07/14/00

	CHAPTER   129
	FILED WITH SECRETARY OF STATE   JULY 14, 2000
	APPROVED BY GOVERNOR   JULY 14, 2000
	PASSED THE ASSEMBLY   JUNE 12, 2000
	PASSED THE SENATE   JUNE 8, 2000
	AMENDED IN SENATE   APRIL 3, 2000
	AMENDED IN SENATE   MARCH 27, 2000
	AMENDED IN SENATE   JANUARY 27, 2000
	AMENDED IN SENATE   JANUARY 14, 2000
	AMENDED IN SENATE   JANUARY 13, 2000
	AMENDED IN ASSEMBLY   APRIL 21, 1999

INTRODUCED BY   Assembly Members Calderon, Granlund, and Baugh
   (Principal coauthor:  Senator Perata)

                        FEBRUARY 26, 1999

   An act to amend Section 56425 of, and to add Sections 25210.70a
and 56429 to, the Government Code, to add Section 33492.42 to the
Health and Safety Code, and to amend Section 71697 of the Water Code,
relating to local government, and declaring the urgency thereof, to
take effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1544, Calderon.  Local government:  redevelopment.
   (1) Existing law provides procedures for the establishment of
county service areas for counties to provide specified governmental
services within unincorporated areas, for the establishment of
municipal water districts, and for the formation of joint powers
agencies as redevelopment agencies for the redevelopment of military
facilities located within the redevelopment project area of the
agencies.
   This bill would authorize county service areas, the Inland Valley
Development Agency, and municipal water districts to establish sewer
and water supply facilities on specified lands related to development
of certain territory within the Norton Air Force Base Redevelopment
Project Area without approval by other agencies, except as specified.
  The bill would exempt water and sewer services, as specified, in
that redevelopment project area from a requirement for the payment of
just compensation for private utility property taken for public
purposes.
   (2) Existing law requires a local agency formation commission to
determine the territory to be included in a sphere of influence for
local agencies within its jurisdiction and the need for and capacity
of public facilities.  Existing law also requires the commission to
place on its meeting agenda and consider a written request from any
person or local agency to amend a sphere of influence.
   This bill would authorize landowners of unincorporated territory
located in that redevelopment project area to petition a local agency
formation commission for the removal of the territory from a city's
sphere of influence.  The bill would also provide that a
determination of a city's sphere of influence shall not preclude the
provision of specified services to that redevelopment project area.

  (3) This bill would declare that it is to take effect immediately
as an urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 25210.70a is added to the Government Code, to
read:
   25210.70a.  (a) A county service area in whose territory all or
any portion of the redevelopment project area referenced in
subdivision (e) of Section 33492.41 of the Health and Safety Code is
located may locate, construct, and maintain facilities and
infrastructure for sewer and water pipelines or other facilities for
sewer transmission and water supply or distribution systems along and
across any street or public highway and on any lands that are now or
hereafter owned by the state, for the purpose of providing
facilities or services related to development, as defined in
subdivision (e) of Section 56426, to or in that portion of the
redevelopment project area that, as of January 1, 2000, meets all of
the following requirements:
   (1) Is unincorporated territory.
   (2) Contains at least 100 acres.
   (3) Is surrounded or substantially surrounded by incorporated
territory.
   (4) Contains at least 100 acres zoned for commercial or industrial
uses or is designated on the applicable county general plan for
commercial or industrial uses.
   (b) The facilities or services related to development may be
provided by the county service area to all or any portion of the area
defined in paragraphs (1) to (4), inclusive, of subdivision (a).
Notwithstanding any other provision of this code, building
ordinances, zoning ordinances, and any other local ordinances, rules,
and regulations of a city or other political subdivision of the
state shall not apply to the location, construction, or maintenance
of facilities or services related to development pursuant to this
section.
  SEC. 2.  Section 56425 of the Government Code is amended to read:
   56425.  (a) In order to carry out its purposes and
responsibilities for planning and shaping the logical and orderly
development and coordination of local governmental agencies so as to
advantageously provide for the present and future needs of the county
and its communities, the commission shall develop and determine the
sphere of influence of each local governmental agency within the
county.  In determining the sphere of influence of each local agency,
the commission shall consider and prepare a written statement of its
determinations with respect to each of the following:
   (1) The present and planned land uses in the area, including
agricultural and open-space lands.
   (2) The present and probable need for public facilities and
services in the area.
   (3) The present capacity of public facilities and adequacy of
public services that the agency provides or is authorized to provide.

   (4) The existence of any social or economic communities of
interest in the area if the commission determines that they are
relevant to the agency.
   (b) Upon determination of a sphere of influence, the commission
shall adopt that sphere, and shall periodically review and update the
adopted sphere.
   (c) The commission may recommend governmental reorganizations to
particular agencies in the county, using the spheres of influence as
the basis for those recommendations.  Those recommendations shall be
made available, upon request, to other agencies or to the public.
   (d) A determination of a city's sphere of influence, provided that
the sphere of influence includes any portion of the redevelopment
project area referenced in subdivision (e) of Section 33492.41 of the
Health and Safety Code, shall not preclude any other local agency,
as defined in Section 54951, including the redevelopment agency
referenced in Section 33492.41 of the Health and Safety Code, in
addition to that city, from providing facilities or services related
to development, as defined in subdivision (e) of Section 56426, to or
in that portion of the redevelopment project area that, as of
January 1, 2000, meets all of the following requirements:
   (1) Is unincorporated territory.
   (2) Contains at least 100 acres.
   (3) Is surrounded or substantially surrounded by incorporated
territory.
   (4) Contains at least 100 acres zoned for commercial or industrial
uses or is designated on the applicable county general plan for
commercial or industrial uses.
   (e) Facilities or services related to development may be provided
by other local agencies to all or any portion of the area defined in
paragraphs (1) to (4), inclusive, of subdivision (d).  Subdivision
(d) and this subdivision shall be effective whether the determination
of the sphere of influence is made preceding or subsequent to
January 1, 2000.
  SEC. 3.  Section 56429 is added to the Government Code, to read:
   56429.  (a) Notwithstanding Sections 56427 and 56428, a petition
for removal of territory from a sphere of influence determination may
be brought pursuant to this section by landowners within the
redevelopment project area referenced in subdivision (e) of Section
33492.41 of the Health and Safety Code, if, at the time the petition
is submitted, the area for which the petition is being requested
meets all of the following requirements:
   (1) Is unincorporated territory.
   (2) Contains at least 100 acres.
   (3) Is surrounded or substantially surrounded by incorporated
territory.
   (4) Contains at least 100 acres zoned for commercial or industrial
uses or is designated on the applicable county general plan for
commercial or industrial uses.
   (b) On receipt of a petition signed by landowners owning at least
25 percent of the assessed value of the land within the affected
territory, the commission shall hear and consider oral or written
testimony.
   (c) The petition shall be placed on the agenda of the commission
in accordance with subdivision (b) of Section 56428.
   (d) The executive officer shall give notice of the hearing in
accordance with Section 56427.
   (e) From the date of filing of the petition to the conclusion of
the hearing, the commission shall accept written positions from any
owner of land in the unincorporated territory that is seeking removal
from a city's sphere of influence.
   (f) The petition to remove territory from a city's sphere of
influence shall be granted and given immediate effect if the
commission finds that written positions filed in favor of the
petition and not withdrawn prior to the conclusion of the hearing
represent landowners owning 50 percent or more of the assessed value
of the land within the affected territory.
   (g) No removal of territory from a city's sphere of influence that
is proposed by petition and adopted pursuant to this section shall
be repealed or amended except by the petition and adoption procedure
provided in subdivisions (a) to (f), inclusive.  In all other
respects, a removal of territory from a city's sphere of influence
proposed by petition and adopted pursuant to this section shall have
the same force and effect as any amendment to or removal of territory
from a city's sphere of influence approved by the commission.  No
territory removed from a city's sphere of influence pursuant to this
section shall be annexed to that city, unless the territory is
subsequently added to the sphere of influence of the city pursuant to
the petition and adoption procedure provided in this section.
   (h) Pursuant to Section 56383, the commission may establish a
schedule of fees for the costs of carrying out this section.
   (i) All proper expenses incurred in connection with removal of
territory from a city's sphere of influence pursuant to this section
shall be paid by the proponents.
  SEC. 4.  Section 33492.42 is added to the Health and Safety Code,
to read:
   33492.42.  (a) The redevelopment agency referenced in Section
33492.41 may locate, construct, and maintain facilities and
infrastructure for sewer and water pipelines or other facilities for
sewer transmission and water supply or distribution systems along and
across any street or public highway and on any lands that are now or
hereafter owned by the state, for the purpose of providing
facilities or services related to development, as defined in
subdivision (e) of Section 56426 of the Government Code, to or in
that portion of the redevelopment project area referenced in
subdivision (e) of Section 33492.41 that, as of January 1, 2000,
meets all of the following requirements:
   (1) Is unincorporated territory.
   (2) Contains at least 100 acres.
   (3) Is surrounded or substantially surrounded by incorporated
territory.
   (4) Contains at least 100 acres zoned for commercial or industrial
uses or is designated on the applicable county general plan for
commercial or industrial uses.
   (b) Facilities or services related to development may be provided
by the redevelopment agency referenced in Section 33492.41 to all or
any portion of the area defined in paragraphs (1) to (4), inclusive,
of subdivision (a).  Notwithstanding any other provision of the
Government Code, building ordinances, zoning ordinances, and any
other local ordinances, rules, and regulations of a city or other
political subdivision of the state shall not apply to the location,
construction, or maintenance of facilities or services related to
development pursuant to this section.
  SEC. 5.  Section 71697 of the Water Code is amended to read:
   71697.  (a) A district may locate, construct, and maintain
district works along and across any street or public highway and on
any lands that are now or hereafter owned by the state; and a
district has the same rights and privileges appertaining thereto as
have been or may be granted to cities within the state.  For
districts whose territory includes any portion of the redevelopment
project area referenced in subdivision (e) of Section 33492.41 of the
Health and Safety Code, the exercise of this right shall not be
subject to any permitting and approval requirements of any local
agency other than the municipal water district that is locating,
constructing, or maintaining these district works to the extent that
this right is exercised for the purpose of providing facilities or
services related to development, as defined in subdivision (e) of
Section 56426 of the Government Code, to or in that portion of the
redevelopment project area that, as of January 1, 2000, meets all of
the following requirements:
   (1) Is unincorporated territory.
   (2) Contains at least 100 acres.
   (3) Is surrounded or substantially surrounded by incorporated
territory.
   (4) Contains at least 100 acres zoned for commercial or industrial
uses or is designated on the applicable county general plan for
commercial or industrial uses.
   (b) Facilities or services related to development may be provided
by the district to all or any portion of the area defined in
paragraphs (1) to (4), inclusive, of subdivision (a).
Notwithstanding any other provision of the Government Code, building
ordinances, zoning ordinances, and any other local ordinances, rules,
and regulations of a city or other political subdivision of the
state shall not apply to the location, construction, or maintenance
of facilities or services related to development pursuant to this
section.
  SEC. 6.  (a) (1) "Local agency" as used in this section means a
local agency as defined in Section 54951 of the Government Code,
including any municipal water district.
   (2) "Redevelopment agency" as used in this section means the
redevelopment agency referenced in Section 33492.41 of the Health and
Safety Code.
   (3) "Redevelopment project area" as used in this section means the
redevelopment project area referenced in subdivision (e) of Section
33492.41 of the Health and Safety Code.
   (4) "Territory" as used in this section means that portion of the
redevelopment project area that, as of January 1, 2000, meets all of
the following requirements:
   (A) Is unincorporated territory.
   (B) Contains at least 100 acres.
   (C) Is surrounded or substantially surrounded by incorporated
territory.
   (D) Contains at least 100 acres zoned for commercial or industrial
uses or is designated on the applicable county general plan for
commercial or industrial uses.
   (b) Notwithstanding Section 1505.5 of the Public Utilities Code,
Sections 1503 and 1504 of that code are not intended to, and shall
not, entitle a local agency to compensation for the provision of
water services to all or any part of the territory by any other local
agency, private utility, or mutual water company, if that local
agency is or was prohibited by ordinance, regulation, or initiative
in effect on January 1, 2000, from providing or extending water
services to all or any part of the territory, prior to annexation of
that territory into that agency.
   (c) Notwithstanding Chapter 8.5 (commencing with Section 1501) of
Part 1 of Division 1 of the Public Utilities Code, a local agency or
the redevelopment agency that provides sewer services to all or any
part of the territory shall not be obligated to pay compensation to
another local agency providing sewer services to the same area.
  SEC. 7.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   In order to resolve unique local development and service
responsibility issues expeditiously, it is necessary that this act go
into effect immediately.
